To help with your writing efforts, here’s what people are looking for in Health Law online. Trending topics culled from JD Supra, search analytics, social media conversations, and other sources:
Consider writing about:
A new California law that forbids the use of artificial intelligence to deny medically necessary health insurance claims; what to know about the insurance industry’s use of AI; how this state law could change industry practices; likely challenges in enforcing this law; related legal trends involving the determination of a “medically necessary” case and its handling by the health care or insurance sector.
Related information:
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A lawsuit filed by Aetna against leading pharmaceutical companies over the pricing of generic drugs; alleged wrongdoing on the part of the drugmakers; legal trends involving drug prices – and alleged price-fixing in particular.
Related information:
https://www.fiercehealthcare.com/payers/aetna-sues-drugmakers-widespread-price-fixing-and-collusion
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Potential liability risks that may arise for employers over COBRA notices; what employers should keep in mind regarding their obligations under the Consolidated Omnibus Budget Reconciliation Act; common COBRA-related misunderstandings, oversights, or other failings on the part of employers; instructive lawsuits or settlements involving deficient COBRA notices; recommended employer practices regarding the handling of insurance matters pertaining to terminated employees.
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Your choice of three or more noteworthy trends or developments from 2024 involving the health care sector, health law, or other health-related legal issues; heightened, emerging, surprising, or other interesting developments worth knowing about or keeping an eye on; reasons for your selections; implications and potential impacts as we head into 2025; and any related practical guidance.
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Oral arguments held before the U.S. Supreme Court on Dec. 4 regarding a state ban on gender-affirming care for minors; type of care at issue; how Tennessee’s ban compares to other states’ bans or restrictions on gender-affirming care; your top takeaways from the oral arguments; a high court ruling’s potential implications for states, minors, parents, and medical professionals.
Related information:
https://www.npr.org/2024/12/04/nx-s1-5215734/supreme-court-gender-affirming-care-trans-kids
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The killing of UnitedHealthcare CEO Brian Thompson. Among the possible issues to explore: what should companies be addressing in the wake of his killing, especially as regards public perception of industry, reputation management, misinformation or disinformation on social media, executives’ personal safety, companies’ security measures or other obligations or best practices, and their related liability risks? How might the killing of Brian Thompson drive changes in the insurance or healthcare fields? How unusual is the terrorism charge being brought against suspect Luigi Mangione, what are the grounds on which that charge is being brought, and what will be the challenges for prosecutors in pursuing that charge? Also, consider whether to do a comparison between the United States and other countries as regards insurance industry trends (profits, coverage disputes, etc.), the cost of health care, and options and challenges for insureds or individuals seeking health care without adequate access to insurance coverage.
Related information:
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The expansion of states’ sick leave laws to include reproductive loss events; range of events covered; how many states have now passed or implemented (or are considering) such leave rights; how the state laws compare to each other in terms of paid vs. unpaid leave, additional or existing time off, other criteria for qualifying for these leave rights; any additional noteworthy developments or trends on this front.
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President-elect Donald Trump’s selections of Robert F. Kennedy Jr. and Dr. Mehmet Oz for key roles at the U.S. Department of Health and Human Services and the Centers for Medicare & Medicaid Services; potential implications for these entities’ direction, priorities, and enforcement; what health care providers, insurers, the drug and medical device industry, and others should know about these unconventional picks.
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The HIPAA Privacy Rule to Support Reproductive Health Care Privacy; whom the rule applies to; when the final rule takes effect; key obligations under the rule.
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The outlook for the Affordable Care Act, given the results of this month’s national election; most likely changes in the near term, and whom they would most affect (whether regarding individuals or the insurance or health care sector); options for mitigating financial fallout from changes to, or expired provisions under, the Affordable Care Act; how much the GOP actually wants to change the Affordable Care Act; what the GOP has planned (if anything) to replace the Affordable Care Act.
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Recent jury verdicts involving employer-mandated COVID-19 vaccinations; noteworthy issues in these cases; what other employers can learn from recent developments involving vaccination disputes as they pertain to their own workplace health and safety policies and practices.
Related information:
https://www.newsweek.com/woman-fired-refusing-covid-vaccine-wins-record-millions-1983294
https://www.sfgate.com/bayarea/article/bart-employees-refused-covid-vaccine-get-payout-19861708.php
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Any significant health-related developments stemming from the November election, whether involving reproductive rights; access to abortion prescription drugs or medical treatment options; medical marijuana; psychedelic substances; and more.
Consider writing about:
Blue Cross Blue Shield’s agreement to pay $2.8 billion to resolve antitrust claims against the insurer; key allegations leading up to the proposed settlement; how the company plans to change its claims process under the terms of the settlement; what else stands out to you about this settlement and the overall antitrust case.
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Consider writing about:
A lawsuit filed against Anthem Blue Cross and Blue Shield over insurance coverage for mental health care; what to know about the No Surprises Act; any related legal, business, or legislative trends of note regarding insurance for mental health care, and overall access to mental health care.
Related information:
https://www.axios.com/2024/10/24/health-coverage-provider-ghost-networks
Consider writing about:
The status of a proposed merger deal between UnitedHealth Group and Amedisys; significance of a merger of this magnitude; noteworthy issues that the two companies have had to contend with so far; related antitrust trends; how M&A activity in the insurance and/or healthcare sectors has been faring, either during 2024 in particular or under the Biden administration as a whole.
Related information:
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A $421 million jury verdict against Blue Cross and Blue Shield of Louisiana over the insurer’s alleged failure to fully pay out-of-network charges; key issues in this case regarding contractual terms and in-network and out-of-network service providers and procedures; what stands out to you about this case (in addition to the size of the jury verdict).
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Lawsuits being filed against major companies over health plan surcharges faced by employees who smoke; key claims in the lawsuits; applicable laws that govern these types of health plan measures; what employers should consider before implementing such surcharges; alternative options for employers and employees concerned about health, wellness, and insurance costs.
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Lawsuits against TikTok and YouTube over alleged harms to young users’ mental health; comparison between the lawsuits against the tech giants in these cases; how this latest wave of lawsuits compares to previous allegations over social media’s impact on young users; status of past filings over this issue; and perhaps some guidance for parents or other caretakers on what to watch out for and how they themselves can limit social media’s unwanted effects on young users.
Related information:
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Individual coverage health reimbursement arrangements; what these arrangements consist of; how common they are (in the jurisdiction of your choice); what employers or employees should know before switching to this type of health reimbursement arrangement in place of, or in addition to, more common forms of health insurance coverage.
Consider writing about:
Lawsuits against insurance companies over their denial of claims for the use of weight-loss drugs; how insurance coverage for this type of drug is trending; any emerging patterns among the lawsuits; grounds for discrimination allegations; any noteworthy settlements or verdicts in disputes over this type of coverage; what to know about insurance policies’ obesity exclusion; alternative options for individuals or employers.
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Last week’s administrative complaint by the Federal Trade Commission against the three leading prescription drug benefit managers over alleged anticompetitive and unfair rebating practices; how these practices allegedly harmed patients and affected their access to affordable medication; types of medication at issue in the FTC complaint; potential of drug manufacturers facing FTC enforcement actions over drug prices; related Biden administration trends involving the cost of prescription drugs.
Related information:
Consider writing about:
Final rules from the Biden administration regarding mental health services; the rules’ intent and effective date; the regulations’ potential impact on individuals, the insurance industry, or employers; prospects for industry litigation challenging the final rules; what else to know about the 2008 Mental Health Parity and Addiction Equity Act.
Related information:
https://www.cnn.com/2024/09/09/health/mental-health-parity-rule/index.html
Consider writing about:
False Claims Act trends and related guidance; how settlements and recoveries are trending; takeaways from noteworthy FCA enforcement actions; how a healthcare entity should respond if on the receiving end of a civil investigative demand.
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How employee disabilities can affect commutes to work and lead to accommodation requests; related rights under the Americans with Disabilities Act; additional issues for employers to consider in such an instance; any instructive court cases dealing with these issues.
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Post-traumatic stress and its implications for employers, whether the PTSD is stemming from ongoing or out-of-the-ordinary work duties or interactions, domestic situations, violence in the workplace, past combat experience in the military, or other incidents or experiences. What should managers and employers know about PTSD, employee rights, employer best practices or legal obligations, related laws and enforcement trends, and more?
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A federal judge’s ruling that Tennessee’s Medicaid program unlawfully terminated health care coverage for thousands of Tennesseans; key points in the ruling; what insureds or potential insureds should do if they think they have been unjustly denied, or cut off from, anticipated or existing health coverage; what other insurance providers may be able to learn from this case as regards their existing systems, oversight procedures, and safeguards, especially as they pertain to eligibility determinations.
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Recent Biden administration action regarding prescription drug prices; what’s ahead for drug prices; whom pricing changes will most affect; related implications for pharmaceutical companies and for insurance plans.
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Health insurance coverage for employees who are on extended leave; obligations, rights, and options on the part of either the employer or the employees in these instances; laws that may apply in these situations; any cautionary tales that may illustrate how best to navigate these issues and head off misunderstandings regarding continued insurance coverage.
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The U.S. Food and Drug Administration’s rejection of the use of the psychedelic drug MDMA (midomafetamine) to treat post-traumatic stress disorder (PTSD); basis for the FDA’s decision; what lessons companies involved in MDMA-related work should take from the FDA’s action; how MDMA is regarded under state or federal law; any other regulatory actions of note regarding psychedelic drugs.
Related information:
https://www.usnews.com/news/health-news/articles/2024-08-12/fda-says-no-to-mdma-as-therapy-for-ptsd
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The fact that increasing attention is being paid in some quarters to issues involving menopausal women in the workforce; concerns that are being raised, and by whom; whether times are changing in terms of an openness to discuss this matter as it pertains to the workplace; how employees or employers may be, or should be, thinking about related health benefits, employer-provided health plans, time-off policies, discrimination risks, workplace accommodations, and more; any applicable state or federal laws or proposals that could strengthen existing rights or usher in new rights for women dealing with menopause.
Related information:
https://fortune.com/well/article/menopause-stigma-survey-women-workplace-ageism